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Chapter 50

Form 50-4

This form is to be used if the court finds that the petitioner has not established a meritorious prima facie case for termination of the parent-child relationship under Tex. Fam. Code § 161.005(c). See Tex. Fam. Code § 161.005(f).

NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA

See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Order of Dismissal

1.Date of Hearing

On [date] the Court held a pretrial hearing in this case.

2.Appearances

Appearances

Include appropriate recitations concerning appearances. See form 21-15.

3.Jurisdiction

Jurisdiction

The Court, after examining the record and hearing the evidence and argument of counsel, finds that it has jurisdiction of this case and of all the par­ties and that no other court has continuing, exclusive jurisdiction of this case. All persons entitled to citation were properly cited.

4.Record

Record

4.A.Waiver
§ 105.003(c)

The making of a record of testimony was waived by the parties with the consent of the Court.

Or

4.B.Reporter

The record of testimony was duly reported by [[name, address]/the court reporter for the [designation] Court].

5.Findings and Order

Findings and Order

The Court finds that Petitioner has failed to establish a meritorious prima facie case to terminate the parent-child relationship. IT IS THEREFORE ORDERED that this case is dismissed with prejudice.

6.Attorney’s Fees, Court Costs, and Expenses

Attorney’s Fees, Court Costs, and Expenses

IT IS ORDERED that good cause exists to award [name of attorney] judgment in the amount of [number] dollars ($[amount]) for [include as appli­cable: reasonable and necessary attorney’s fees [of [number] dollars ($[amount])]/court costs [of [number] dollars ($[amount])]/expenses [of [num­ber] dollars ($[amount])]], with interest at [percent] percent per year com­pounded annually from the date the judgment is signed until paid. The judgment, for which let execution issue, is awarded against [name of peti­tioner], Petitioner. Petitioner is ORDERED to pay the judgment to [name of attorney] at [address] by cash, cashier’s check, or money order on or before [date]. [Name of attorney] may enforce this judgment in [his/her] own name by any means available for the enforcement of a judgment for debt.

7.Ordering Record Sealed

Record Sealed

IT IS ORDERED that all papers and records in this case, including the minutes of the Court, be sealed.

8.Required in All Orders

Relief Not Granted

IT IS ORDERED that all relief requested in this case and not expressly granted is denied.

9.Date of Order

Date of Order

Select one of the following.

SIGNED on ___________________________________.

Or

This Order of Dismissal judicially PRONOUNCED AND RENDERED in court at [city, county] County, Texas, on [date] and further noted on the court’s docket sheet on the same date, but signed on ___________________________________.

Continue with the following.


JUDGE PRESIDING

10.Approvals

Include the following in all orders unless there is a motion to sign order.

APPROVED AS TO FORM ONLY:


[Name]
Attorney for Petitioner
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]


[Name]
Attorney for Respondent
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]